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65
Much has been made of the fact that genuine samples of milk have been
obtained which on analvsis were found to be below the standard. This may
be so in the case of individual cows, but such deficiencies hardly ever occur
when the mixed milk of a herd is taken. Although it has been held that it is
no offence to sell milk which is below the standard, but which is the actual
product of the cow, even if the deficiency is brought about by improper feeding
or milking, it is the business of the farmer by a process of selection and the
weeding out of cows giving milk of poor quality to ensure that the mixed milk
of the herd is of satisfactory composition.
By the presumptive standard of the Board of Agriculture milk below the
standard is not necessarily adulterated and milk above the standard is not
necessarily genuine. If this presumptive standard were made absolute it
would legalise the " adjustment " of the quality of milk to pass that standard,
but, particularly if the standard for milk-fat be raised, a supply of milk of
reasonably good quality, whether previou dy adjusted or not, would result, as
poor quality and slightly watered milks would be eliminated.
In eases where the adulteration is large, say 10 per cent. and upwards of
added water, convictions are usually readily obtained, but there is more
difficulty in obtaining a fine when the adulteration ranges from 4 to 6 per cent.
of added water. It must be remembered that this figure, when an average
quality milk has been adulterated is about 2 per cent. lower than the truth.
The weekly sale of 300 gallons of milk adulterated with 5 per cent. of
water means the sale of 15 gallons of water at 2s. a gallon or 30s. per week
apart from legitimate profits, and if the vendor be detected a caution or small
fine is the usual result for the first offence.
In the Final Report of the Departmental Committee on the use of
Preservatives and Colouring Matters in Food (1924), the following paragraph
occurs under the heading of Summary of Conclusions and Recommendations:—
"An amendment of the law is required to render more
expeditious the prosecution of a person actually responsible
for offences under the Sale of Food and Drugs Acts, where
a warranty defence is pleaded."
The Warranty Clause, primarily intended to protect the honest tradesman
has become a convenient method of evasion for the fraudulent trader, and it is
high time that this clause be so amended as to protect the public against
the same.